Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Guatemala (Ratification: 1961)

The Committee notes the information provided in the Government’s report, and particularly the indication that Executive Agreement No. 10-80 of 9 May 1980 issuing regulatory standards for the application of international labour Convention No. 114 remains in force. It would, however, be grateful for further information on the following points.

Article 3, paragraph 1, of the Convention. Articles of agreement in writing. The Committee notes the information that enterprises in the fishing sector only hire the master, who then has to hire the crew. It also notes that, according to the information provided by the Government, the contracts concluded between the master and the fishers are nearly always established orally. In this respect, the Committee recalls that, under the terms of the Convention: articles of agreement for fishers shall be signed both by the owner of the fishing vessel and the fisher (Article 3); it shall be ensured that the agreement does not depart from the ordinary rules as to jurisdiction (Article 4); and the agreement shall include an exhaustive series of particulars (Article 6). The Committee requests the Government to indicate the measures adopted or envisaged to ensure that these Articles of the Convention are given full effect in both law and practice.

Article 8. Provision of information on board as to the conditions of employment. The Committee notes that Executive Agreement No. 10-80 of 9 May 1980 does not appear to contain provisions on the measures to be taken to ensure that the fisher may satisfy himself on board as to the conditions of employment. It requests the Government to indicate the manner in which the application of the Convention is secured in this respect.

Part V of the report form. The Committee notes the information provided by the Government concerning the number of inspections carried out between 2003 and 2006. It requests the Government to continue providing general information, such as data on the number of fishermen signing on each year; a copy of the model articles of agreement, and the service records currently used, if such documents exist; extracts from the reports of the labour inspection services indicating the number and nature of any infringements reported; the number and nature of fishing vessels in operation covered by the Convention; and any other relevant information which would enable the Committee to assess the manner in which the Convention is applied in practice in the country.